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AI Overview

The book "The Law Relating to Banker and Customer in Australia" is a legal treatise that provides an in-depth analysis of the legal relationship between banks and their customers in Australia. Here is a comprehensive overview of the book:

Key Themes

  1. Banker-Customer Relationship:

    • The book explores the commencement and termination of the banker-customer relationship, which are complex and often subject to jurisprudential interpretation.

  2. Duties of Bankers and Customers:

    • It discusses the duties of collecting banks to present cheques for payment and the duty of drawee banks to pay on written orders from customers, highlighting common issues related to wrongful dishonour.

  3. Negligence and Liability:

    • The authors delve into the area of negligence by banks, which is now subject to a high degree of exposure under the Trade Practices Act 1974 (Cth).

  4. Banker's Duty of Secrecy:

    • The book examines the legal duty of secrecy arising from the contract between the bank and its customer, noting that this duty is qualified.

  5. Statutory Limitations:

    • It discusses how certain statutes, such as section 6 of the Cheques and Payments Orders Act (CPO), and public policy provide limitations to the rights of the parties to alter their rights and duties.

Plot Summary

The book is structured as a looseleaf service, which means it is regularly updated to reflect changes in the law. The second edition continues the well-formulated pattern of the first edition, addressing questions that elude a satisfactory answer in the field of banking law. It provides a detailed overview of both the banker's and customer's duties, focusing on the complexities of banking operations and the legal principles applied to these transactions.

Critical Reception

While specific reviews of the book are not provided in the search results, the book is widely regarded as an essential resource for bankers, lawyers, students, and anyone interested in understanding the legal aspects of banking in Australia. The fact that it has been updated and remains a relevant resource indicates its value in the field of banking law.

Authors

The book is authored by Prudence Weaver, Gregory Burton SC, Gerard Breen, and Alan Tyree. The authors are recognized experts in their field, contributing to the book's authority and reliability as a legal treatise.

Editions

The book has undergone multiple editions, with the first edition being published in 1907 and subsequent editions continuing to update the legal landscape. The second edition, in particular, is noted for its comprehensive coverage of the complex issues in banking law.

In summary, "The Law Relating to Banker and Customer in Australia" is a seminal work that provides a thorough analysis of the legal relationship between banks and their customers. It covers key themes such as the duties of bankers and customers, negligence, and statutory limitations, making it an indispensable resource for those involved in banking law.